Continuation of proceedings in FIR even after settlement between parties is abuse of process of Court

Delhi High Court: A Single Judge Bench of R.K. Gauba, J. allowed a petition for quashing of criminal proceedings pending against in light of the settlement between the parties.

Disputes arose between the petitioner and his wife which led to FIRs being lodged against each other. Subsequently, the parties entered into a settlement. They approached the matrimonial court for divorce by mutual consent. Recording the joint statement by the parties, the matrimonial court decreed the divorce by mutual consent. On the basis of the resolution between the parties, the petitioner and his relatives approached the High Court under Section 482 CrPC for quashing criminal cases against them. However, owing to such framing of the petition, the case under one of the FIRs only was quashed. Notably, the wife submitted no objection thereto. Now, the petitioner was before the Court praying the quashing of the case under the second FIR but the wife raised an objection that there being no fresh settlement, the present petition could not be entertained.

The High Court perused the record and did not agree with the objection. It noted that the settlement leading to divorce and quashing of criminal case was comprehensive, the parties specifically referred to all litigations including the second FIR. The intent of parties was to bring an end to all litigations. As such, the continuation of proceedings would be an abuse of process of the Court. Therefore, the petition was allowed and the proceedings under the second FIR were quashed. [Sandeep Dutta v. State (NCT of Delhi), 2018 SCC OnLine Del 13029, dated 11-12-2018]

 

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